High Court · 2025

Petition under Section 437143814391482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased toto quash the FIR in Crime No.114912024 on the file of P.S. Saroornagar, Rachakonda Commissionerate against the petitioners/A-'1 to3a l.A. NO: 2OF 2024 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the l\/emorandum of Grounds of Criminal Petition,the High Court may be pleased to stay of all further proceedings including the arrest of the petitioners/A-1 to 3 in FIR in Crime No.114912024 on the file of P.S. Saroornagar, Rachakonda Commissionerate, pending disposal of above Crl.P. i I t I This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MOHD AMJAD ALI ANSARI ,Advocate for the Petitioner and Sri Arun Kumar Public Prosecutor on behalf of the Respondent No.1 none appeared for the Respondent No.2. The Court made the following: ORDER : ,/ ./al THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15672 of 2o24 ORDER: This Criminal Petition is filed praying this Court to quash the proceedings initiated against the petitioners/accused Nos. I to 3 in FIR.No.1149 of 2024 on the hle of the Saroornagar Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 329$1,351(2) read with 3(s) of BNS.

2. The brief facts of the case are that ot 04.12.2024, th-e complainant attended a Court case in FCOP.No.1284 of 2079 and after the case was adjourned, she returned to her residence, but shortly thereafter she noticed petrtioner No.1/Pravalika Sudhala, the opposite party in the case, along with her mother petitioner No.2/Laxmi Suddala and brother petitioner No.3/Praveen Kumar Suddala, arriving at her apartment premises in a scooty bearing No.AP11Ai749. She alleged that petitioner No.1 bore grudge against the complainant due to their ongoing legal dispute, due to which she threatened the complainant, as such, she called for 2 SKS,J Ctl.P.No.l5672 of 2024 assistance, leading to the police arriving at the scene. The complainant alleged that the petitioners were found to be planning an attack, as such, she reported having a life threat from them. Based on the said complaint, the police registered a case against the petitioners uide Crime No.1 149 of 2024 for th-e offences as allcged. Being aggrieved by implication in the said case, the petitioners filed this criminal petition.

3. Heard Sri Mohd. Amjad Ali Ansari, learned counsel for petitioners, and Sri Arun Kumar, learned Additional Public Prosecutor, appearing for respondent No.l -State. In spite of service of notice, there is no representation on behalf of respondent No.2.

4. Learned counsel for the petitioner submitted that the allegations reported in the complaint against the petitioners are entirely false and fabricated, and that the proceedings initiated against them are maliciously instituted with the intent to implicate them in a false case, constituting an abuse of the process of law. He assertecl that the truth in the matter is that on 04.12.2024, the petitioner/A-1 appeared in FCOP No. 1284 of 2Ol9 before the Additional Family Court at L.B.Nagar, where .t ,.,, 3 SKS,J Crl.P No.15672 ot 2024 she is the respondent, ald agreed to a ntr-objection decree of divorce, and that the petitioner/A- 1 was then altegedly lured to the ofhce of 2'd respondent under the guise of discussing settlement where she was abused in hlthy language by the 2"d responden[ and her husband, upon which the petitioner/A- 1 immediately dialed 1OO for rescue, and the police took both parties to the poiice station, where the petitioner/A- 1 gave a complaint against the 2"d respondent and her husband' He lamented that the police took no action on the complaint todged by the petitioner No.1, and instead registered a case against lhe petitioners based on the complaint of 2"4 respondent. He averred that the petitioner Nos.2 and 3 were not even present at the scene of the offence as they were in Court at that time, and the CCTV footage would corroborate the same. Therefore, while advocating that the petitioners were falsely implicated in case, he prayed this Court to quash the proceedings against the petitioners by allowing this criminal petition.

5. Per contra, learned Additional Public Prosecutor, vehemently opposed the submissions made by learned counsel for petitioners and . contended that the allegations leveled I l l l I 4 SKS,J Crl.P.No.15672 of 2024 against the petitioners are of serious nature as the averments made in the complaint would reveal that the respondent No.2/complainant sensed threat from the petitioners in view of the existing dispute between them in FCOP No.1284 of 2019. He averred that the respondent No.2 is anticipating life threat from the petitioners as they visited her apartment premises to threaten her and that she strongly expects that in future if she is attacked, lhe petitioners would be responsible for the same, as the petitioners had allegedly warned her to attack with knife and sticks. Thcrefore, he pra1,efl this Court to dismiss this criminal petition as the matter requires investigation.

6. Having regard to the rival submissions made, and on going through the material placed on record, it is noted that there is an existing dispute betu,een the parties due to which the respondent No.2 anticipates life threat from petitioners as the petitioner No. 1 allegedly came to her apartment premises to threaten her. Hou.ever, the specific stand of learned counsel for the petitioners is that petitioner No. 1 appeared before the Court in FCOP No.7284 of 2Ol9 aod thereafter he went to meet respondent NO.2 to have a word with a view to settle the disputes. Further, that the petitioner Nos.2 and 3 were not 5 SKS,J CrI.P.No.15672 of 2024 even present at the alleged scene and that they were still in the Court premises.

7. Having perused the material placed on record meticulously, it is seen that the respondent No.2 herself agreed before the Court to settle the dispute in FCOP No.1284 of 2Ol9 and stated no objection for divorce, that being so, when there is no dispute with regard to FCOP No.1284 of 2079, there can be no reason to attack her under the said pretext. Further, the contents of the complaint would reveal that the respondent No.2 was only suspecting life threat from petitioners but there were no such set of specific allegations against the petitioners \ which would attract the offences as alleged. ) j

8. The offences registered against the petitioners are under Sections 329(4),351(2), and 3(5) of BNS which are in relation to criminal trespass, criminal intimidation, and joint criminal liability, respectively. However, it is seen that except mere suspicion on the part of respondent NO.2, against the petitioners, there are no specific averments to show that the petitioners had threatened her. As such, this Court is of the considered view that there are no grounds in this case so as to i ; I I I I l t 6 SKS,J Crl P No.15672 of 2024 attract the offences as alleged against the petitioners. Therefore, continuation of proceedings against the petitioners would amount to abuse of process ol law and the same are lia ble to be quashed.

9. Accordingly, this Criminal Petition is allowed and the proceedings initiated against the petitioners in FIR.No.1149 of 2024 on the file of the Saroornagar Police Station, Rachakonda Commissionerate, are hereby quashed. Miscellaneous applications, if any pending, shall also stand closed SDI K, AMMAJI DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The V Additional Junior Civil Judge CUM-V Additional l\iletropolitan lt/agistrate at L.B.Nagar, Ranga Reddy

2. The Station House Officer, Saroornagar Police Station, Rachakonda. 3. One CC to SRl. IVIOHD AMJAD ALI ANSARI Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

5. Two CD Copies RAS/I'SL HIGH COURT DATED:0210512025 \

1.ri: o 1[ JUL zffi o * 7z u)I * ORDER CRLP.No.15672 ot 2024 4 /z 5 CRIMINAL PETITION IS ALLOWED i I I I i i I I I i I I I i i